DOJ sends target letters, including to Democratic election lawyer Marc Elias, in Alaska Senate "sham candidate" criminal probe (update, Nov. 3, 2026)

Case

On Election Day, Nov. 3, 2026, federal prosecutors sent "target" letters to Marc Elias, a prominent Democratic election lawyer, and others in a criminal investigation into whether Democrats helped recruit a second Alaska Senate candidate named Dan Sullivan. Sources say more than 100 subpoenas have gone out. The crime under investigation has not been publicly specified, Democrats deny involvement, and DOJ's separate civil suit to block certification was dismissed days earlier.

What happened (Nov. 3-4, 2026)
On Election Day, Nov. 3, 2026, two people familiar with the matter told AP that the Justice Department sent target letters to Marc Elias, a prominent Democratic election attorney, and to others in its Alaska Senate investigation. The other recipients were not named.
Al Jazeera reports the letters tell recipients that prosecutors believe they have gathered enough evidence linking them to a possible crime, making them potential defendants in a future indictment. Target letters do not guarantee charges, and AP notes the administration has struggled to win grand jury indictments in politically sensitive cases.
The probe concerns whether Democrats helped put retired teacher Dan J. Sullivan on the Alaska Senate ballot, sharing a name with Republican Sen. Dan Sullivan, to confuse voters in the race against Democrat Mary Peltola. DOJ and Trump allege this; Democrats deny it.
A person briefed on the probe told AP that more than 100 subpoenas have been issued. AP also reports FBI agents have visited donors to Sen. Sullivan.
Alaska U.S. Attorney Michael Heyman told reporters the investigation has run for several months and linked a recent "surge of law enforcement assets" to a New York Times report about the Peltola campaign. He declined to specify what crimes are under investigation and said he was not assuming a crime had been committed.
Attorney General Todd Blanche declined to discuss the target letters, citing the ongoing investigation. Separately, U.S. District Judge Sharon Gleason dismissed DOJ's civil suit seeking to halt certification of a possible Peltola win; as of Tuesday evening DOJ had not appealed, per AP.
Elias was general counsel for Hillary Clinton's 2016 campaign. AP notes Trump has previously targeted Elias and his former firm, Perkins Coie, and that a court blocked the punishment of the firm.

Perspectives

Official position — Justice Department, AG Todd Blanche and U.S. Attorney Michael Heyman
DOJ's position, as reported, is that a second candidate sharing the incumbent's name was fielded to confuse Alaskan voters and draw votes from Sen. Sullivan, and that this warrants a criminal investigation. Heyman says the inquiry has run for months and that he is not assuming a crime occurred; Blanche says the department has been fighting hard against the scheme and declines to discuss the letters while the probe is ongoing.

Critic — Marc Elias, Peltola campaign and DSCC
Elias says DOJ is targeting him and his firm on Election Day, calls the probe a sham, says it shows the administration has weaponized the department against political enemies, and says he will not be intimidated. Peltola says she did not know of any effort to place the second Sullivan on the ballot, and the DSCC and other Democrats deny any involvement. They note the ballot clearly distinguishes the two candidates.

Note
Democrats, including the Peltola campaign and DSCC, deny any role in the second Sullivan's candidacy, and Elias calls the probe a "sham"; DOJ has not said what crime it is investigating, and the U.S. attorney says he is not assuming a crime occurred.

Sources
[1] PBS NewsHour (AP) — Justice Department sent target letters in Alaska Senate criminal probe. Here's what that means (https://www.pbs.org/newshour/politics/justice-department-sent-target-letters-in-alaska-senate-criminal-probe-heres-what-that-means) · 2026-11-03
[2] Alaska Public Media (AP) — Justice Department identifies potential targets as it escalates Alaska Senate criminal probe (https://alaskapublic.org/news/politics/elections/2026-11-03/justice-department-identifies-potential-targets-as-it-escalates-alaska-senate-criminal-probe) · 2026-11-03
[3] Al Jazeera — US Department of Justice expands its probe into Alaska's US Senate election (https://www.aljazeera.com/amp/news/2026/11/4/us-department-of-justice-expands-its-probe-into-alaskas-us-senate-election) · 2026-11-04

Connections

Cause and effect — DOJ files revised Alaska Senate complaint citing NYT report on second "Dan Sullivan"; 40+ subpoenas reported (update, Oct. 29, 2026)
Follow-on: after the civil certification suit was dismissed, DOJ's parallel criminal probe escalated to target letters on Nov. 3.

Same context — Election Day, Nov. 3, 2026: DOJ monitors' conduct, ICE/DHS warnings and scattered administrative problems; Trump tells NYT he will accept results (update, Nov. 4, 2026)
Both concern DOJ election-related actions on Nov. 3.

Same context — Federal prosecutions and investigations of Trump critics and opponents since 2025: Comey, James, Bolton, Brennan, Schiff, Cook, Lucas and others (status as of Oct. 25, 2026)
Investigation of a lawyer long targeted by Trump, within the broader pattern of federal action against critics.

Related — Judge dismisses DOJ's Alaska Senate certification suit; DOJ says it will appeal (update, Nov. 1, 2026)
The criminal probe continues after Judge Gleason dismissed DOJ's civil certification suit.